Commonwealth Numbered Acts

STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) AMENDMENT ACT 1995 No. 29, 1995 - SECT 9

9. After section 30 of the Principal Act the following section is inserted:

Variation to take account of proposal if there is a progressive provision of
secondary education

"30A.(1) This section applies if:

   (a)  the Minister has given provisional approval to a proposal referred to
        in section 22 in relation to a school; and

   (b)  the proposal involves progressively providing a course of secondary
        education over a number of years in the school that emerges from the
        change involved in the proposal so that the first year or years in the
        course begin in one year and the remaining later years in the course
        begin progressively in subsequent years until the complete course is
        being provided.



"(2) Subject to subsection (3), if:

   (a)  the change involved in the proposal is recognised by the State
        Minister of the State in which the school is situated; and

   (b)  the school is not conducted for profit; and

   (c)  in the case of a non-systemic school-the approved authority of the
        school is a body corporate; and

   (d)  the school has, not later than:

        (i)    the last day in the year in which the proposal is intended to
               take effect; or

        (ii)   the schools census day for the State in the next year; a number
               of students enrolled in the first year or years of the course
               that is not less than the minimum number of students for that
               level; the Minister must vary the list to reflect the change
               involved in the proposal in respect of the first year or years
               of education in the course.



"(3) The Minister must not vary the list in relation to a school if a matter
referred to in subsection (2) (other than paragraph (d)) occurs at the end of
2 years from the beginning of the year in which financial assistance was
sought for the school, unless the Minister is satisfied there are exceptional
circumstances justifying the variation.



"(4) If, in subsequent years, the school that emerges continues progressively
to attain, by a day not later than the schools census day in the State in each
of those years, a number of students enrolled for each subsequent year of
education in the course that is not less than the minimum number of students
at that level, the Minister must vary the list to reflect the change involved
in the proposal in respect of the new years of education.".